07-05A Chappell

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
August 3, 2007,,-�,1,„.
� Q I 'S�
Mr. William W. Chappell AUC 7 2007
s Lane Morehead City DCM
Hertford,
NC 27944
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Perquimans County, CAMA Violation #07-05A
Dear Mr. Chappell:
This letter will acknowledge receipt of your Check #10427, in the amount of $500, and dated
08/01/07, Once the amount of the check is credited to the Department of Environment and
Natural Resources' account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at my Elizabeth City
office at 252-264-3901.
Sincerely,
Frank A. Jennings, III
District Manager, Northeast District
FAJ/ybc
cc: .` M. Ted Tyndall, Assistant Director, DCM, Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Lyme Mathis, Compliance and Enforcement Representative, Elizabeth City
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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William Chappell
July 30, 2007
Page 3 of 3
CAMA VIOLATION #07-05A
William Chappell
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will
propose the assessment of a civil penalty in the amount of $500 against me for violation of
the Coastal Area Management Act, NCGS 113A-100 et semi-, committed on or near my
property at Owasake Pointe Subdivision off Muddy Creek Road (SR 1321) in Perquimans
County, North Carolina. In order to resolve this matter with no further action or expense on
my part, I accept responsibility for the violation as described in the Notice of Violation letter
dated March 26, 2007, and agree to pay the proposed civil assessment of $500.
et� .
DAT9
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SIGNATURE
ADDRESS
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TELEPHONE NUMBER
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NCDENRrb
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
William Chappell
105 Sutton's Lane
Hertford, NC 27944
RE: CAMA VIOLATION #07-05A
Dear Mr. Chappell:
July 30, 2007
�t!
Maraho,ap City ®cM
This letter is in reference to the Notice of Violation dated February 19, 2007 that Kimberly
Hedrick, representative for the Division of Coastal Management, issued to you for the
unauthorized development of land grading and seeding, road construction, and stormwater
pipe installation for a new four lot subdivision, and sediment fill within and adjacent to
Muddy Creek at Owasake Pointe Subdivision off Muddy Creek Road (SR 1321),
Perquimans County. The violation involved Public Trust Area and Public Trust Shoreline,
which are Areas of Environmental Concern designated by the Coastal Resources
Commission. Based upon the site visits conducted on April 3, 2007 and June 20, 2007 by
Kimberly Hedrick, the restoration requested appears to be complete to the satisfaction of
the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 may
be assessed for any violation. It is the policy of the Coastal Resources Commission to
assess a civil penalty for all violations in order to recover some of the costs of investigating
violations and/or to compensate the public for any damage to its natural resources.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the
amount of $500 is appropriate for this violation. You may expeditiously resolve this matter
prior to the assessment of a formal civil penalty by accepting responsibility for the violation
and paying the amount proposed above. In order to do this, you must: (1) sign one of the
attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money
order for $500 made payable to the North Carolina Department of Environment and Natural
Resources (NCDENR); and, (3) return the signed agreement and payment to this office in
the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter.
Upon deposit of your check in the Department's account, you will receive a Notice of
Compliance officially closing this enforcement action.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www rtecoastalmanagement.net
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William Chappell
July 30, 2007
Page 2 of 3
If you do not send a signed agreement and payment to this office within ten (10) days, the
Director of the Division of Coastal Management will formally assess a civil penalty against
you. You will then have the opportunity to request a hearing on the penalty or request
remission of the penalty.
Thank you for your time and cooperation in resolving this important matter. If you have any
questions, please do not hesitate to contact me at [phone].
Sincerely,
Frank A. Jennings, III
District Manager, Northeast District
FAJ/ybc
Enclosures
cc: M. Ted Tyndall, Assistant Director, DCM, Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Lynn Mathis, Compliance and Enforcement Representative, DCM, Elizabeth City

William Chappell
July 30, 2007
Page 3 of 3
CAMA VIOLATION #07-05A
William Chappell
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will
propose the assessment of a civil penalty in the amount of $500 against me for violation of
the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my
property at Owasake Pointe Subdivision off Muddy Creek Road (SR 1321) in Perquimans
County, North Carolina. In order to resolve this matter with no further action or expense on
my part, I accept responsibility for the violation as described in the Notice of Violation letter
dated March 26, 2007, and agree to pay the proposed civil assessment of $500.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

NCDENR Pr
North Carolina Department of Environment and Natural ResesFEe
Division of Coastal Management 2 2007
Michael F. Easley, Governor Charles S. Jones, Director W�rri�le�ss Jr., Secretary
NOTICE OF VIOLATION r����ead city flCM
February 19, 2007 tsb [l77 �rb
CERTIFIED MAIL �tb mtt
RETURN RECEIPT REQUESTED iZrb
William Chappell
105 Sutton's Lane
Hertford, NC 27944
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #07-05-A
Dear Mr. Chappell:
This letter confirms that on February 6, 2007, 1 was onsite at your property located at Lauren Lane,
adjacent to Muddy Creek, located in Owasake Pointe Subdivision, near the community of Durants Neck, off
Muddy Creek Rd. (SR 1321), Perquimans County, North Carolina. The purpose of the visit was to
investigate unauthorized development of land grading and seeding, road construction, stormwater pipe
installation associated with the creation of a four lot subdivision, and sediment fill within and adjacent to
Muddy Creek. On February 1, 2007, you came into our office requesting a maintenance dredge permit for
the boat ramp area at the aforementioned property. Upon a field visit to your property, I found that
development had taken place without authorization from this office.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development in violation of the Coastal Area Management Act (CAMA). No person may undertake
Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit
from the North Carolina Department of Environment and Natural Resources. This requirement is imposed
by North Carolina General Statute (N.C.G.S.) 113A-118.
I have information that indicates you have undertaken or are legally responsible for creating a four lot
subdivsion with associated land grading and seeding of approximately five acres, swaleslditches to a
stormwater pipe(s), two gravel roads with an approximate 40-foot wide boat ramp turn around in the buffer,
and sediment runoff into Muddy Creek on the aforementioned property. This activity took place in Public
Trust Shoreline and Public Trust Area that are contiguous with Muddy Creek, Public Trust Area and Public
Trust Shoreline areas are designated as Areas of Environmental Concern (AEC). No permit was issued to
you for work in this area. Based on these findings, I am initiating an enforcement action by issuing this
Notice of Violation for violation of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed against any violator.
Each day that the development described in this notice is continued or repeated may constitute a separate
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] \ Internet: www.nccoastalmanagement.net
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William Chappell
February 19 2007
Page 2 of 4
violation that is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may
also be sought to enforce any violation (N.C,G.S.113A-126).
If is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 not to
exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations
and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be
assessed depends on several factors, including the nature and area of the resources that were affected
and the extent of the damage to them.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, development of a subdivision with over one
acre disturbance, stormwater swales and pipe(s), gravel road construction, and upland sediment fill into
Muddy Creek in the Public Trust Area, Public Trust Shoreline AEC(s), is not consistent with Section
07H.0209(d)(10)(A), which does not allow development in the 30-foot buffer with the exception of water
dependent uses, such as a boat ramp. Guidance under Section 07H.1300 allows ramps no wider than 15-
feet. Therefore, I am requesting the boat ramp gravel road be reduced to 15-feet wide in the 30-foot AEC,
authorization be obtained by the Division of Land Resources and the Division of Water Quality for the
grading, seeding, and installation of swales, pipe(s), and roads, and sediments that went over a silt fence
into Muddy Creek be removed and placed outside the 30-AEC onto high ground. Please refer to the
enclosed Restoration Agreement.
If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and
return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure
to comply with this request or respond back to this office prior to the requested deadline with an acceptable
schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of
Continuing Violation, as well as a court injunction being sought ordering compliance.
The relevant statutes and regulations are availablE
complying with the requirements of these laws. P
determine whether this REQUEST TO CEASE AND
contact me immediately.
from this office, and I am willing to assist you in
site inspection will be made in the near future to
DESIST has been complied with. I request that you
Thank you for your time and cooperation in resolving this important matter. If you have any questions about
this or related matters, please call me at [phone]. Upon completion of the restoration as requested
in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be
notified as to the amount of the civil assessment for undertaking development without first obtaining the
proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules.
Sincerely,
i
Kimberly Hedrick
Coastal Management Representative
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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William Chappell
February 19, 2007
Page 3 of 4
Cc: Ted Tyndall, Assistant Director, DCM
Frank Jennings, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Josh Pelletier, U.S. Army Corps of Engineers, P.O. Box 1000, Washington, NC 27889
Kyle Barnes, Division of Water Quality, 943 Washington Square Mall, Washington, NC 27889
Richard Peed, Division of Land Resources, 943 Washington Square Mall, Washington, NC 27889
ENCLOSURE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement, net
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William Chappell
February 19, 2007
Page 4 of 4
RESTORATION PLAN
For
Williams Chappell Property
CAMA Violation No. 07-05-A
Property located at Lauren Lane, Owasake Pointe Subdivision, of Muddy Creek Rd. (SR 1321),
Perquimans County
I, William Chappell, agree to:
1. Reduce existing width of Nash's Boat Ramp Rd. (gravel road) to a maximum of 15-feet wide within
the 30-foot Area of Environmental Concern (AEC). The 30-foot AEC is the area 30 feet landward
of normal water level (NWL) of Muddy Creek;
2. Remove all sediment over wash in Muddy Creek boat ramp area. NOTE: A sediment curtain must
be installed across basin area waterward of excavation area prior to excavation activity and spoil
must be placed on high ground outside the 30-foot AEC;
3. Provide our office with authorization from the NCDENR, Division of Land Resources, for over one
acre disturbance in association with Owasake Pointe Subdivision development.
4. Provide our office with authorization from the NCDENR, Division of Water Quality, for the
stormwater design of ditcheslswales and pipe(s) in association with Owasake Pointe Subdivision
development.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
March 19, 2007, or provide an explanation for non-compliance and a reasonable request for time
extension. When corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $500 and higher against all violations
of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a
substantially higher civil assessment will be levied and an injunction sought to require restoration.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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DCM ENFORCEMENT TRACKING REPORT
Issuer
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Field Rep. on F' D`R I C k n
Violation Base No.
A B C D
LPO r
Violated Permit No,
LPj
(If epplUble)
Violation Description
Was activity permittable? Yes 1 No
Initial Discovery Date 2 4 •oi Discovery Method We^�—
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Description
Violation
Respondent Information Prior Violations in same AEC:
Yes! No Case Number -01
Respondent Name(s) W i, I t a m C.Vt a p p eA k
(Landowner/Agent/Contractor)
U S 51A i s Ln City
r State C Zip Q 7 4 y H
Address o __
Phone # :U 7 L QL 11 Fa
E II C ZS L) Zlo H - -LZ1(0 rib nn.F
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Violation Type: Project Type: Authorizations Required:
Site Visits Respondent Site Visits Respondent
No Permit � Private/Community [DMajor h CAMA
Present Present
O G
Permit Condition ❑ Govt./Public J Minor D D&F
L✓
Expired Permit ❑Commercial General
inconsistent wl Rules
Violation Location and Site Description
Rover File B a 10 (0
Project Location: County r rr�nnLn S /
Shoreline Length�0 /
Street Address/ State Road/ Lot # Loiya n L n 0-4
SAV: otsur Yes No
//s�l)
�
Sandbags: Not Sure Yes 11(pi
Subdivision_ v`% kS diL 3 E L
PNA: Yes `l Adjacent
ORW: Yes Adjacent
ZIP_" __.......
Crit. Hab. Yes
Phone # ( r}' River Basin RS s w k
Photos No
Adj. Wtr, Body l ( �m
Waiver Required Yes o
Closest Maj. Wtr. Body _-N-t�t�
In DWQ Buffer Area Yes No
Specify DWQ Buffer if applicable:
--_
Restoration Extension Granted Yes No
r
-NOV Date ��[_�Z Initial Req. Comp. Date .Lt.��
_ Restoration Letter
CNOV Date __ Date Comp. Observed ._—
Acceptance Date
Penalty Assessment _ U0409 Ref. Recomm. Assess. DCM Assess.
--r�\ —
-
APP•IPermit Fee
�)
Sent to Respondent Date _-__
- —Penalty[l
—�--
Cy
r—
LL� l LY� --- --
Rcvd. by Dist. Mgr. Date __�I:1
-- -----
$ $
Willful/Intent.
Assessment Extended Yes No
$
Continuing
$
Other
$ $
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Assessment Appealed Yes No
_I Penalty modified
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondant not responsive to penalty/NOV 1`i, Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: f� Wetlands Impacted? Yes / No If yes, which types:
PT
CW EW ES OPTS/f
O. A HHF H SA 'DS CL Y ASLS TY
SS SC SP IF BF 404
PWS: FC:
Other:
Restoration Required by the Respondent Yes I No
Dimensions in excess dimens
- I Dimensions to restore Finalal owedions Actually restored
of permit/ unauthorized activities,
Development Activities
I
Habitat Description ,
I
NOTES:--
Y
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YV
Closing
Payment Received $_ __.___- ._-... ...Date _ Date Case Closed ___

DCM ENFORCEMENT TRACKING
REPORT
Field Rep.,k� rn Hft5-kt
c T, ,'
Issue[
Violation Base No.
-7 —
�J
LPO
A B C D
Violated Permit No.
(if applicable)
Violation Description
4 �l�tX
Was activity permittable?
QCM
�
Yes /
No
i
Initial Discovery Date 2 4 'e7 0
one t� r o
mi
�^n_�(ti�i• `�neait�
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Violation Description
lei
H4r ,
Respondent Information Prior Violations in same AEC: Yes / No lase nlumoer
-w s
Respondent Name(s) WiWamPW
(Landowner/Agent/Contractor)
Len • City
r r State Zip
Address --
Phone #—( UZ j-%9iQ CQ II _ Fa
Violation Type: Project Type: Authorizations Required:
Site Visits Respondent Site Visits
Respondent
Present
Present
r No Permit Private/Community V Major CAMA 0
7 Minor D&F �
J
n, Permit Condition ❑ GovtlPublic
Ei
V
❑ Expired Permit ❑ Commercial General
r
Inconsistent wl Rules
Violation Location and Site Description
Rover File B b a O (.#
Project Location: County_ ( i M kr1 S — ---
Shoreline Length — �� '
Street Address/ State Road/ Lot # Lo,uf( n L n�
SAM NstSur Yes NN-or�
ns)
M11AAJ. Cr" rR.•JC. 1 �1�— _
---
Sandbags: Not sure Yes my
Subdivision_ OvJksak< �e`n4L
PNA: Yes N
QRvj, Yes ®
Adjacent
Adjacent
City--- -- -- ZIP_ ' --- - ------
Crit. Hab. Yes N®
Phone # ( r} _ River Basin _ RS z r k
Photos (5) No
Adj. Wtr. Body MU lAine��___�-tt�anan /unxn)
Waiver Required Yes (00
In DWQ Buffer Area Yes No
Closest Maj. Wtr. Body _ &���-�
Specify DWQ Buffer if applicable:
Restoration
/Y-a
Extension Granted Yes
No
NOV Date VZ/ _ S!_s2 Initial Req. Comp. Date
- Restoration Letter
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by. Dist. Mgr. Date
Assessment Extended Yes No
Date Comp. Observed ______ Acceptance Date
7J.0409 Ref. : Recomm. Assess.: DCM Assess.
App./Permit Fee
Willful/Intent. S $
Continuing
S
Other $ $
_.... Total- ....

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted [—J Penalty modified
Final Assessment ? Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penaltylNOV I_. Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / Qb If yes, which types:
CW EW PT ES PTS
OVA HHF IH SA DS CJ- SY' JR LS TY
SS SC SP IF BF 404
PWS: FC,
Other:
Restoration Required by the Respondent Yes No
Dimensions in excess
of permit/ unauthorized activities,
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
°Io' 3 '
Habitat Description ,.
I
I
'
I
NOTES:
--
�1 N3y
Closing
Payment Received S. _ _ ___ _- _-__ - _Date _ _ .. - _ _ Date Case Closed

14-Mar-07 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS
0 CASE IS OPEN `I
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME'.
07.05A ICHAPPELL WILLIAM
0 CASE IS CLOSED
I' PfeVIQl15 Violations in SRITIf.
❑ Al-(.-. for similar' ActivitiesXLINK:
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
2/19/2007 _
--- PROPERTY OWNER COMMERCIAL Duplicate Record
MAILINGADDRESS
CITY STATE ZIP CODE PHONE NUMBER
105 SUTTON'S M
IHERTFORD NC 27944- [phone] Show Related Violations
PROPERTY ADDRESS
COMMUNITY WATERBODY NEAREST ROAD
LAUREN LN
IDURANTS NECK IMUDDY CREEK SR1321
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO PERQUIMANS 1HEDRICK Not Available
VIOLATION TYPE AFFECTED ❑.CW ❑ EW [Nf PTA El ES ❑/ PTS
MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Unauthorized development by land grading, road construction, installation of stormwater pipes, and sediment fill as
an adjunct to the development of a subdivision within the PTA and PTS AECs adjacent to Muddy Creek.
F],'RESTORATION REQUIRED
❑ RESTORATION NOT REQUIRED - CONTRACTOR
❑RESTORATION NOT REQUIRED- PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS
RESTORATION PENDING
ASSESSMENT DATE
RESTORATION REQUEST DATE COMPLETION DATE
3/19/2007
RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE: I
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: F
PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
R1 PENDING ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ PENALTY ISSUED ❑ CNOV ISSUED —CNOV DATE
PENALTY NOT ISSUED ❑ PENALTY APPEALED —APPEAL DATE
❑ CONRACTOR'S FIRST OFFENSE ❑ FORMAL CPA ISSUED FORMAL CPA DATE -
❑ SETTLED. AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE
_ -.. ❑ UNCOLLECTIBLE PENALTY F UNCOLLECI"IBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES